R-2024-21 Declaring Public Necessity to Acquire Certain Property for Water Line Easement DNT Waterline Relocation (US380-First Street) projectTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2024-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR PERMANENT WATERLINE EASEMENT FOR THE
CONSTRUCTION OF THE DNT WATERLINE RELOCATION (US 380 — FIRST
STREET) PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY FOR
SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY
RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER
AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST
COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED;
AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY
TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL
APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE
THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that there exists a public necessity to acquire certain property interests for the
construction of the DNT Waterline Relocation (US 380 - First Street) project, the location of which
is generally set forth in the exhibits attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property interests (collectively
referred to as the "Property"), as more particularly described in the exhibits attached to this
Resolution, for this governmental and public use in conjunction with the Town of Prosper's
construction of the DNT Waterline Relocation (US 380 - First Street) project ("Project"); and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly
described in the Exhibits referenced herein:
EXHIBIT DESCRIPTION / INTEREST TO BE ACQUIRED
Parcel 1 Approximately 0.072 acres of real property for permanent waterline easement
located generally in the Collin County School Land Survey No. 12, Abstract Number 147,
Collin County, Texas and being Texas and being part of that certain tract of land described
in recorded Instrument 20210615001210690 of the Official Public Records of Collin
County, Texas
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF 6 TO C� ON THIS THE 13TH DAY OF FEBRUARY,
2024.
David F. Bristol, Mayor
ATTEST:
-�-�
e,I A.Kll.,c
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2024-21, Page 2
EXHIBIT 1/PARCEL N0,1
LEGAL DESCRIPTION
PERMANENT WATER LINE EASEMENT
BEING 0,072 acre of land located in the COLLIN COUNTY SCHOOL LAND #12 SURVEY,
Abstract No 147. Town of Prosper, Collin County, Texas, and being a portion of the tract of land
conveyed to Hollingshead Materials, LLC, by the deed recorded in Instrument No.
20210615001210690, of the Official Public Records of Collin County, Texas. Said 0.072 acre of
land being more particularly described by metes and bounds as follows:
BEGINNING at a point lying in the most Southerly North boundary line of said Hollingshead
Materials, LLC Tract and the South boundary line of the tract of land conveyed to Beall
Concrete Enterprises, LTD., by the deed recorded in Instrument No. 2005-0172075, of the
Official Public Records of Collin County, Texas, and being located N 89° 25' 39" E 591.74 feet,
from a '/2" iron rod found at the Southwest comer of said Beall Concrete Enterprises, LTD. Tract
and being an ELL comer of said Hollingshead Materials, LLC Tract, and said '/2" iron rod found
bears N 11 ° 53' 25" E 302.87 feet from the POINT OF BEGINNING, and said point also having
a Texas State Plane Grid Coordinate N: 7,133,982.99 and E: 2,482,090.06;
THENCE N 89' 25' 39" E 77 99 feet, to a point at the most Southerly Northeast
corner of said Hollingshead Materials, LLC Tract, lying in the West right-of-way line of Dallas
North Tollway;
THENCE S 03' 31' 55" W 100 26 feet, along the existing West right-of-way line of
said Dallas North Tollway, to a point at the most Southerly Southeast comer of said
Hollingshead Materials, LLC Tract;
THENCE S 89° 25' 38" W 20.00 feet, along the South boundary line of said
Hollingshead Materials, LLC Tract, to a point;
THENCE N 03" 31' 55" E 80.24 feet, to a point:
THENCE S 89' 23' 24" W 56.76 feet, to a point;
THENCE NORTH 2O.00 feet, to the POINT OF BEGINNING containing 0.072 acre
(3,146 Square Feet) of land.
Resolution 2024-XX, Page 3
t
EXHIBIT 1/PARCEL NO. 1 CONT.
Course
Bearing
Distance
L1
N 09"25'39" E
77.99'
L2
S 03,31,55, VI
100.26'
L3
S 89'25'38" IN
20.00'
L4
N 03'31'55" E
80.24'
1-5
S 89"23'24" W
56.76'
L6
N 00'00'00- W
20,00'
112" IRO
ROD FOUN
BEALL CONCRETE ENTERPRISES, LTD,
INST No 2005--0172075
O.P.R.C.C.T.
z z POINT OF BEGINNING
N=7133982.99
o z E=2482090.06
1/2- IRON N 89'25 WE� 991.74' -
ROD FOUND
�a j
C LqL lq �❑
SP?5 RAG HOLLINGSHEAD MATERIALS, LLC
INST. No. 20210615001210690
O.P.R.C.C.T.
LOVER'S LANE
I1
F
N j
DK f
1
I
PERMANENT
WATER LINE EASEMENT
0.072 ACRE
(3,146 SQ. FT.)
L1
LOT 1, BLOCK A
OPHIR PASS ADDITION \
INST No, 20090630010001680
O.P.R.C.C.T.
BEARING BASE:
THE BEARINGS SHOWN HEREON ARE TEXAS STATE
'
PLANE GRID BEARINGS ESTABLISHED USING THE
1
GLOBAL POSITIONING SYSTEM SATELLITES. AND LOCAL
CONTINUOUSLY OPERATING REFERENCE STATIONS,
1
DECEMBER 21. 2023
r P.O. BOX 307
PROSPER, TX WATER LINE RELOCATION PROJECT
P 5SPER (972) 346-2640 TOWN OF PROSPER, COLLIN COUNTY, TEXAS
PERMANENT WATER WNE
BR1TTAIN & CRAWFORD EASEMENT 10
P OGRAPN T CC MAPPING 0.072 ACRE OR LAND 5
'it I. n .re-apl+ rLOCATED IN
ar la„} v7b -9Y+
°0' ""e ' 3" Soun, rm%%y THE COLLIN CO. SCHOOL LAND 1j112
rom nma 76, 0
ABSTRACT No. 147
ereulc ....,�-r,e.rerea.n
TOWN OF PROSPER,
COLLIN COUNTY. TEXAS SCALE 1 "=40'
(J U ) KOBY\PROJECT5\FN\FN- PROSPER- DNT-WL\EASEMENTS\PWE-Hollingshmd Moleflois d.q
Resolution No. 2024-21, Page 4